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CRA-S-3891-2025 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

107

CRA-S-3891-2025

Decided on : 30.01.2026

GURJEET SINGH

......Appellant

Versus

STATE OF PUNJAB AND ANOTHER

......Respondent

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present: Mr. TPS Makkar, Advocate,

for the appellant.

Mr. Neeraj Madaan, Sr. DAG, Punjab.

****

SANJAY VASHISTH, J.

1. Present petition has been filed by the appellant, seeking

grant of regular bail, in case, FIR No.0002, dated 03.01.2024, under

Sections 302, 34 of IPC and Section 3(2)(V) of SC/ST Act was added

later on, at Police Station Gidderbaha, District Sri Muktsar Sahib.

2. Learned counsel for the appellant contends that, as per the

allegations mentioned in the FIR registered at the instance of the

complainant—Rajvir Kaur alias Raj, wife of Jasveer Singh (deceased in

the present case), on the date of the incident at about 6:00–6:30 P.M.,

complainant was in the company of her husband when, on his signal, an

unknown motorcyclist stopped. Thereafter, both the complainant and her

husband sat on the rear seat of the motorcycle and proceeded to a tent.

Subsequently, complainant’s husband (deceased) and the unknown

motorcyclist consumed liquor, after which the motorcyclist left.

Complainant and her husband then went to sleep.

LAVISHA

2026.01.30 17:05

I attest to the accuracy and

integrity of this document

PHHC, Chandigarh

CRA-S-3891-2025 2

It is further alleged that at about 10:00 P.M., two unknown

persons came near the tent, one of whom had a muffled face and was

armed with an iron rod, while the other was empty-handed. They raised

an alarm and called the complainant’s husband out of the tent. The person

armed with the iron rod inflicted a blow on Jasveer Singh’s neck, causing

him to fall. Two further blows were inflicted—one on his forehead and

the other on his head, resulting in his death at the spot due to the injuries

sustained.

3. Learned counsel for the appellant submits that complainant,

Rajvir Kaur alias Raj, is the sole eye-witness in the present case.

However, she has resiled from her earlier version while deposing before

the Court. In the absence of any substantive evidence to support the

prosecution case, and considering that appellant is in custody for a period

of approximately two years, he is entitled to be released on regular bail in

the present case.

4. On advance notice and in response to the arguments

addressed by learned counsel for the petitioner, learned State counsel,

produces the custody certificate dated 29.01.2026 in Court today, which

is taken on record. Office to tag the same at appropriate place. A copy

thereof has been handed over to the counsel for the petitioner.

As per the custody certificate, in the present case, appellant

has already undergone 2 years and 23 days period inside jail.

5. Learned State counsel has filed a status report dated

29.01.2026, which is taken on record. Registry is directed to tag the same

at the appropriate place on the file.

LAVISHA

2026.01.30 17:05

I attest to the accuracy and

integrity of this document

PHHC, Chandigarh

CRA-S-3891-2025 3

6. As per paragraph No.13 of the status report, it is noticed that

there are total 23 prosecution witnesses, out of which five have already

been examined, while four witnesses have been given up by the

prosecution. Complainant, Rajvir Kaur alias Raj, who is the eye-witness

to the occurrence, appeared as PW-1; however, she did not support the

case of the prosecution. Nevertheless, learned State counsel submits that

present appeal is devoid of merit and is liable to be dismissed.

7. This Court has heard the submissions advanced by learned

counsel for the parties and has also perused the record available before it.

8. Undoubtedly, as per the status report, complainant, Rajvir

Kaur alias Raj, who is the sole eye-witness to the occurrence, has not

supported the case of the prosecution. It is evident from her statement

(PW-1), appended with the present petition as well as with status report

filed by learned State counsel, in which she has categoricall